Mostmat Sukhani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27784 of 2025 Arising Out of PS. Case No.-249 Year-2024 Thana- JOGAPATTI District- West Champaran ====================================================== 1 .

Mostmat Sukhani Devi W/O Late Sheonandan Yadav R/O VillageRampurwa, P.S- Yogapatti, Distt.- West Champaran. Presently residing at Village- Baghamburpur/ Bhambarpur, Police Station- Bairita, Distt.- West Champaran.

2.

Rajendra Yadav S/O Late Sheonandan Yadav R/O Village- Rampurwa, P.SYogapatti, Distt.- West Champaran. Presently residing at VillageBaghamburpur/ Bhambarpur, Police Station- Bairita, Distt.- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-05-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 61 ( 2 ), 318 ( 4 ), 338 , 336 (3) and 340 ( 2 ) of the BNS. 3 . As per F.I.R., informant alleged that the land in question belongs to her ancestor but later on informant came to know that petitioner No. 1 sold the land in question to her daughter-in -law, Ranju Devi. It is further alleged that these petitioners prepared forged document and tried to procure the mutation of land in question .

Patna High Court CR. MISC. No.27784 of 2025(2) dt.07-05-2025 2/3

4. It is submitted on behalf of the petitioners that as a matter of fact, the land in question was sold by ancestor of informant ( great grandfather of informant namely late Bhardul Ahir ) to the husband of petitioner No. 1 late Sheonandan Yadav in the year 1938 and since then family of petitioner No. 1 residing in the same land and having right, title and possession over the land in question . F.I.R., has been lodged by the informant when he came to know about the mutation of land on 16.06.2023 and then he filed complaint petition on 30.07.2024 i. e,. delay of about 43 days. Moreover, the dispute involved in this case is purely civil in nature . Petitioners claim clean antecedent.

5 . Learned counsel for the State oppose the bail petition .

6 Considering the fact that the dispute involved in this case is purely civil in nature , clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Bettiah West Champaran in connection with

Patna High Court CR. MISC. No.27784 of 2025(2) dt.07-05-2025 3/3 Yogapatti P.S. Case No. 249 of 2024 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T